The Protection of Pupil Rights Amendment (PPRA) provides parents with certain rights regarding student surveys, instructional materials, the collection and use of personal information for marketing, and certain physical examinations or screenings.

These rights transfer to a student when the student turns 18 years of age or becomes an emancipated minor under New Jersey law.

Prior consent is required before a student is required to participate in a survey, analysis, or evaluation funded in whole or in part by a program of the U.S. Department of Education when it concerns one or more of the following protected areas:

1. Political affiliations or beliefs of the student or the student’s parent

2. Mental or psychological problems of the student or the student’s family

3. Sexual behavior or attitudes

4. Illegal, antisocial, self-incriminating, or demeaning behavior

5. Critical appraisals of individuals with whom the student has close family relationships

6. Legally recognized privileged relationships, including relationships with lawyers, physicians, or ministers

7. Religious practices, affiliations, or beliefs of the student or the student’s parent

8. Income, other than income required by law to determine eligibility for a program or financial assistance.

For an unemancipated student under 18 years of age, prior consent must be provided in writing by the parent or guardian. A student who is 18 years of age or older or an emancipated minor may provide their own consent.

BCIT will provide parents, guardians, and eligible students with direct notice and an opportunity to opt the student out of:

• Activities involving the collection, disclosure, or use of personal information collected from students for marketing, sales, or distribution to others

• The administration of a survey containing one or more of the protected areas listed above

• A covered nonemergency, invasive physical examination or screening.

A covered physical examination or screening is one that is:

• Required as a condition of attendance

• Administered by the school or its agent and scheduled in advance

• Not necessary to protect the immediate health and safety of the student or other students.

This provision does not apply to hearing, vision, or scoliosis screenings or to physical examinations or screenings permitted or required under New Jersey law.

Parents, guardians, and eligible students have the right, upon request, to inspect:

• Instructional materials used in connection with a federally funded survey, analysis, evaluation, research, or experimentation program;

• Surveys created by a third party before they are administered or distributed to students

• Instruments used to collect personal information from students for marketing, sales, or distribution purposes before they are administered or distributed.

BCIT will provide reasonable access to applicable materials within a reasonable period of time after receiving a request.

Written requests to inspect surveys, instruments, or instructional materials must be submitted to the Director of Pupil Personnel Services.

At the time of this annual notice, BCIT has not identified any activities requiring additional notice under PPRA.

If a covered survey, screening, or activity is scheduled during the school year, affected families will receive reasonable advance notice and an opportunity to provide consent or opt the student out, as applicable.

The specific notice will include:

• A description of the activity

• The specific or approximate date

• Whether prior consent is required

• Instructions for opting out

• The response deadline

• Information about how to inspect applicable materials.

PPRA’s marketing provisions do not apply to the collection, disclosure, or use of student information for the exclusive purpose of developing, evaluating, or providing educational products or services, including:

• College, postsecondary education, or military recruitment;

• Book clubs, magazines, and programs providing access to low-cost literary products;

• BCIT curriculum and instructional materials;

• Tests and assessments used for educational purposes;

• Student fundraising activities; and

• Student recognition programs.

PPRA also does not override applicable New Jersey laws requiring parental notification or apply to physical examinations and screenings permitted or required under New Jersey law.

BCIT will protect student privacy regarding surveys, examinations, screenings, and personal information collected in accordance with PPRA and applicable Board of Education policies.

Parents and students who believe their PPRA rights have been violated may file a complaint with:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Additional information is available in the following BCIT Board of Education policies:

• Policy 2415.05  – Student Surveys, Analysis, Evaluations, Examinations, Testing, or Treatment

• Policy 9560  – Administration of School Surveys

• Policy 9713  – Recruitment by Special Interest Groups, if applicable